Last week, the New York City Council overwhelmingly approved a new local law to prohibit city employers from testing potential employees for marijuana use. This weekend Mayor Bill de Blasio indicated he will sign the bill. There are certain exceptions, permitting marijuana testing for police, construction workers, child care workers and some others. It also does not prohibit testing of current employees or firing someone for cannabis use. The bill, which would not take effect until one year after the Mayor signs it, applies to any employers in the city, even if their headquarters is elsewhere. The few Republicans who did not support the bill argued that employers should have the freedom to decide whom they wish to hire.

It appears no measure like this that has passed elsewhere, even in states that have legalized adult use of cannabis. Some states’ laws do prohibit discrimination against employees solely because they use medical marijuana. New York’s current proposed cannabis legalization bill, for example, would treat possessing a medical cannabis card as a disability, entitling the holder to certain benefits and protections. This bill, however, also prohibits testing of those using cannabis recreationally.

NYC has been readying itself for the expected passage of legal adult use cannabis in the State at some point this year. While previously opposed to legalization, the Mayor now supports it. Following an embarrassing New York Times story, the Mayor also recently banned the NYPD from arresting folks solely for using marijuana in public. Only traffic tickets can be issued now. Will the Big Apple lead the way in supporting the legal use of cannabis? This new law appears to be an important step in that direction.

Cannabis Industry

Duane Morris attorneys in offices throughout the U.S. have extensive experience with the wide array of issues attendant to legal cannabis business activities, including licensing for cultivation, processing and dispensing; litigation; banking and finance; raising and deploying capital; protecting intellectual property; real estate development; public company representation and SEC filings; land use and zoning; healthcare and research; and taxation.